Frequently Asked Questions About Truck Accidents in Pennsylvania

After a truck accident, victims and their families have urgent questions about their rights, the legal process, and what to expect. At Siddons Law Firm, we have compiled the most common questions we hear from truck accident clients in Pennsylvania and the Tri-State area.

1. Should I hire a truck accident lawyer or can I handle the claim myself?

Truck accident cases are significantly more complex than typical car accident claims. They involve federal FMCSA regulations, multiple potentially liable parties (the driver, trucking company, cargo loader, maintenance company, and manufacturer), sophisticated insurance defense teams, and specialized evidence like ELD data and driver qualification files. Trucking companies typically dispatch rapid response teams to the accident scene within hours. Without experienced legal representation, you are at a severe disadvantage. Most truck accident attorneys, including Siddons Law Firm, offer free consultations and work on a contingency fee basis — you pay nothing unless your case is successful.

2. How long do I have to file a truck accident lawsuit in Pennsylvania?

Pennsylvania has a two-year statute of limitations for personal injury claims. You must file your lawsuit within two years of the accident date, or you may permanently lose your right to compensation. For wrongful death claims, the two-year period begins on the date of death. While two years may seem like a long time, critical evidence — including ELD data, surveillance footage, and witness memories — can disappear quickly. We recommend contacting an attorney as soon as possible after your accident.

3. Who can I sue after a truck accident?

Unlike car accidents where typically only the other driver is at fault, truck accident claims may involve multiple defendants: the truck driver, the motor carrier (trucking company), the cargo shipper or loader, maintenance contractors, the truck or parts manufacturer, and the freight broker. Each potentially liable party may carry separate insurance, which can increase the total compensation available to you.

4. How much is my truck accident case worth?

Truck accident settlements depend on factors including the severity of your injuries, medical expenses, lost income, pain and suffering, the number of liable parties, and whether federal safety regulations were violated. Minor injury cases may settle for $50,000 to $200,000, while catastrophic injury cases can exceed $1 million to $10 million. Each case is unique, and an experienced attorney can evaluate the specific facts of your situation during a free consultation.

5. What should I do at the scene of a truck accident?

Call 911 immediately, seek medical attention even if you feel fine, document the scene with photos (including the truck’s DOT number on the cab door), collect the truck driver’s CDL information and employer name, get witness contact information, and do not give statements to anyone from the trucking company or their insurance carrier. Request a copy of the police report and contact an attorney before discussing the accident with any insurance adjuster.

6. What is the truck’s “black box” and why does it matter?

Most modern commercial trucks are equipped with Electronic Logging Devices (ELDs) and Event Data Recorders (EDRs) that capture critical information including driving hours, speed, braking patterns, GPS location, and engine performance. This data can prove whether the driver was speeding, fatigued, or violating hours-of-service regulations. However, trucking companies may overwrite or “lose” this data if they are not compelled to preserve it. Your attorney should send a spoliation letter demanding evidence preservation immediately.

7. Can I still recover compensation if I was partially at fault?

Yes. Pennsylvania follows a modified comparative negligence rule. You can recover damages as long as you were less than 51% at fault for the accident. Your compensation will be reduced by your percentage of fault — for example, if your case is worth $500,000 and you are found 10% at fault, you would recover $450,000. Trucking companies routinely try to shift blame to accident victims to reduce their liability, which is why experienced legal representation is essential.

8. What are FMCSA hours-of-service regulations?

The Federal Motor Carrier Safety Administration limits commercial truck drivers to 11 hours of driving within a 14-hour on-duty window, with a mandatory 30-minute break after 8 hours of driving. Drivers must have 10 consecutive hours off duty before driving. Weekly limits cap driving at 60 hours in 7 days or 70 hours in 8 days. Violations of these rules are a leading cause of fatigued driving truck accidents.

9. How long does a truck accident lawsuit take to resolve?

Most truck accident cases settle before trial, but the timeline varies depending on the complexity of the case, the severity of injuries, and the willingness of the insurance company to offer fair compensation. Simple cases may resolve in 6 to 12 months, while complex cases involving catastrophic injuries, disputed liability, or multiple defendants may take 18 months to 3 years or longer. Your attorney should not rush a settlement — premature settlement before the full extent of injuries is known often results in inadequate compensation.

10. Do I need to pay anything upfront to hire a truck accident attorney?

No. At Siddons Law Firm, we handle all truck accident cases on a contingency fee basis. This means we advance all costs of the investigation and litigation, and you pay nothing unless we successfully recover compensation for you. Our fee is a percentage of the recovery, so our interests are directly aligned with yours — the more we recover for you, the more we earn.

11. What if the truck driver was an independent contractor?

Trucking companies sometimes classify their drivers as independent contractors to avoid direct liability for accidents. However, courts frequently look beyond the label to determine the actual working relationship. If the company controls the driver’s routes, schedules, equipment, or work methods, the company may still be held vicariously liable regardless of the contractor designation. Additionally, federal law requires the motor carrier whose DOT authority is being operated under to maintain insurance covering all drivers operating under that authority.

12. What if the truck driver left the scene or was uninsured?

If a truck driver flees the scene (a hit-and-run), your own uninsured/underinsured motorist coverage may apply. However, commercial trucks are required by federal law to carry minimum insurance of $750,000, and most carriers maintain higher coverage. Law enforcement can often identify hit-and-run trucks through highway cameras, tollbooth records, GPS data, and witness descriptions. An experienced attorney can assist in locating the responsible truck and driver.

13. Can I sue if a family member was killed in a truck accident?

Yes. Pennsylvania’s wrongful death statute allows the surviving spouse, children, or parents of a person killed in a truck accident to file a wrongful death lawsuit. Recoverable damages include loss of the deceased’s future earnings, loss of companionship and consortium, funeral and burial expenses, and medical bills incurred between the injury and death. A separate survival action can recover damages the deceased would have been entitled to had they survived.

14. What types of trucks are covered by federal trucking regulations?

FMCSA regulations apply to commercial motor vehicles (CMVs) with a gross vehicle weight rating of 10,001 pounds or more, vehicles designed to transport 9 or more passengers, and vehicles transporting hazardous materials. This includes tractor-trailers, delivery trucks (Amazon, UPS, FedEx), dump trucks, tanker trucks, flatbed trucks, and many types of work vehicles. Even some large pickup trucks and vans used for commercial purposes may fall under federal regulation.

15. Why should I choose Siddons Law Firm for my truck accident case?

Attorney Michael Siddons has extensive experience handling truck accident claims against major carriers and their insurance companies. Our Media, PA firm is centrally located to serve truck accident victims throughout the Delaware Valley and Tri-State area. We have the resources to conduct thorough investigations, retain expert witnesses, and take cases to trial when insurance companies refuse to pay fair value. With a contingency fee structure, you pay nothing unless we win.

Contact Us Today

If you have additional questions about a truck accident case, or if you are ready to discuss your claim with an experienced attorney, call Siddons Law Firm at 610-255-7500 or email us for a free consultation. We serve clients in Pennsylvania, New Jersey, Maryland, and New York.